BOARD OF BEHAVIORAL SCIENCES

Transcription

1 ISSUED BY: BOARD OF BEHAVIORAL SCIENCES LAWS AND REGULATIONS RELATING TO THE PRACTICE OF MARRIAGE AND FAMILY THERAPY, LICENSED CLINICAL SOCIAL WORK, AND LICENSED EDUCATIONAL PSYCHOLOGY BOARD OF BEHAVIORAL SCIENCES 400 R STREET, SUITE 3150 SACRAMENTO, CA WEBSITE ADDRESS: APRIL 2004 SHERRY MEHL EXECUTIVE OFFICER

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3 THE LAWS AND REGULATIONS IN THIS MANUAL REFLECT CHANGES MADE THROUGH APRIL 2004 The changes from the January 2004 edition affect the the following California Code of Regulations Sections: 1815, , , 1829, , and 1877 THIS MANUAL DOES NOT CONTAIN CHANGES MADE AFTER THE DATE LISTED ABOVE. PLEASE REFER TO OUR WEBSITE ( FOR ANY CHANGES MADE AFTER THIS DATE.

4 2004 LAWS - TABLE OF CONTENTS BUSINESS AND PROFESSIONS CODE OF CALIFORNIA CHAPTER 13. MARRIAGE AND FAMILY THERAPISTS ARTICLE 1. REGULATION NECESSITY OF LICENSE CONSTRUCTION WITH OTHER LAWS; NONAPPLICATION TO CERTAIN PROFESSIONALS AND EMPLOYEES PRACTICE OF MARRIAGE, FAMILY AND CHILD COUNSELING; APPLICATION OF PRINCIPLES AND METHODS BOARD; INTERN; TRAINEE; ADVERTISE ADMINISTRATION OF CHAPTER LICENSE TITLE NAME CHANGE ENGAGING IN PRACTICE APPLICATION FOR LICENSE; PAYMENT OF FEE DISPLAY OF LICENSE LEGISLATIVE INTENT OBLIGATION TO PROVIDE COMPLETE AND ACCURATE APPLICATION; DUTIES OF BOARD DEGREE PROGRAM; COURSE OF STUDY AND PROFESSIONAL TRAINING NOTIFICATION TO STUDENTS OF DESIGN OF DEGREE PROGRAM; CERTIFICATION OF FULFILLMENT OF REQUIREMENTS ADDITIONAL COURSEWORK QUALIFICATIONS ELIGIBILITY TO SIT FOR LICENSING EXAMINATIONS; COURSEWORK OR TRAINING TRAINEES' SERVICES PROFESSIONAL EXPERIENCE; INTERNS OR TRAINEES UNLICENSED INTERN; QUALIFICATIONS; NOTICE TO CLIENT OR PATIENT EMPLOYMENT OR TERMINATION OF INTERNS, NOTIFICATION TO BOARD FICTITIOUS BUSINESS NAMES TRAINEES; REGISTRATION FOR CREDIT FOR HOURS OF EXPERIENCE; FORM; APPLICATION OF SECTION TRAINEES; NOTICE TO BOARD OF EMPLOYMENT OR TERMINATION OF EMPLOYMENT; NOTICE TO CLIENTS OF UNLICENSED STATUS; APPLICATION OF SECTION EXAMINATION; ISSUANCE OF LICENSE; EXAMINATION RECORD RETENTION; SEVEN YEAR LIMITATION ON WRITTEN EXAMINATION CONTINUING EDUCATION STATEMENTS OF EXPERIENCE, EDUCATION, SPECIALTIES, ETC CONTINUING EDUCATION FOR SPOUSAL OR PARTNER ABUSE RULES AND REGULATIONS ADDITIONAL PERSONNEL RECIPROCITY; EQUIVALENT REQUIREMENTS; PAYMENT OF FEES; FURTHER CONDITIONS EXAMINATION; PERSONS WITH EDUCATION AND EXPERIENCE WHILE RESIDING OUTSIDE OF CALIFORNIA ADDITIONAL CONTINUING EDUCATION REQUIREMENT APPLICATION OF ARTICLE...24 ARTICLE 2. DENIAL, SUSPENSION, AND REVOCATION UNPROFESSIONAL CONDUCT MENTAL ILLNESS OR CHEMICAL DEPENDENCY; GROUNDS FOR REFUSAL TO LICENSE OR REGISTER PETITION FOR REINSTATEMENT OR MODIFICATION OF PENALTY; NOTICE; CONTENT; HEARING PROCEDURE ENFORCEMENT STATUTE OF LIMITATIONS

5 UNCODIFIED LAW RELATING TO SECTION PLACING OF LICENSE OR REGISTRATION ON PROBATION; CIRCUMSTANCES DENIAL OF APPLICATION OR SUSPENSION OR REVOCATION OF LICENSE OR REGISTRATION; GROUNDS DECISION CONTAINING FINDING THAT LICENSEE OR REGISTRANT ENGAGED IN SEXUAL CONTACT WITH PATIENT OR FORMER PATIENT; ORDER OF REVOCATION...29 ARTICLE 3. PENALTIES VIOLATION; MISDEMEANOR; PUNISHMENT INJUNCTION...29 ARTICLE 4. REVENUE EXPIRATION OF LICENSES; RENEWAL OF UNEXPIRED LICENSES RENEWAL OF EXPIRED LICENSES RENEWAL OF SUSPENDED LICENSE; EFFECT OF RENEWAL REVOKED LICENSE; REINSTATEMENT AFTER EXPIRATION TIME LIMIT FOR RENEWAL AFTER EXPIRATION; NEW LICENSE REPORT AND PAYMENT OF REVENUE BOARD TO BE APPROPRIATED WITH FUNDS; RECORD; SURPLUSES FEE SCHEDULE INACTIVE LICENSE LICENSEE OR REGISTRANT NAME CHANGE ADDITIONAL LICENSE RENEWAL ASSESSMENT FEE...32 ARTICLE 5. LICENSED EDUCATIONAL PSYCHOLOGISTS PRACTICE BY LICENSEES PROFESSIONAL FUNCTIONS AUTHORIZED QUALIFICATIONS FOR LICENSE ELIGIBILITY FOR EXAMINATION; EXAMINATION RECORD RETENTION; SEVEN YEAR LIMITATION ON WRITTEN EXAMINATION CONTINUING EDUCATION PROGRAM ISSUANCE OF LICENSE DISPLAY OF LICENSE EXPIRATION OF LICENSES; RENEWAL OF UNEXPIRED LICENSES RENEWAL OF EXPIRED LICENSES RENEWAL OF SUSPENDED LICENSE; EFFECT OF RENEWAL REVOKED LICENSE; REINSTATEMENT AFTER EXPIRATION TIME LIMIT FOR RENEWAL AFTER EXPIRATION; NEW LICENSE LICENSEE NAME CHANGE USE OF TITLE BY PERSONS NOT LICENSED; PROHIBITION SECTIONS APPLICABLE TO ARTICLE REFUSAL TO ISSUE, OR SUSPENSION OR REVOCATION OF LICENSE; UNPROFESSIONAL CONDUCT DECISION CONTAINING FINDING THAT LICENSEE ENGAGED IN SEXUAL CONTACT WITH PATIENT OR FORMER PATIENT; ORDER OF REVOCATION MENTAL ILLNESS OR CHEMICAL DEPENDENCY; GROUNDS FOR REFUSAL TO LICENSE FEE SCHEDULE VIOLATIONS; MISDEMEANOR INACTIVE LICENSE INJUNCTION RULES OF PROFESSIONAL CONDUCT...38 ARTICLE 6. MARRIAGE AND FAMILY THERAPIST CORPORATIONS DEFINITION

6 UNPROFESSIONAL CONDUCT NAME DIRECTORS, SHAREHOLDERS AND OFFICERS; NECESSITY OF LICENSE INCOME FOR PROFESSIONAL SERVICES NOT TO ACCRUE TO DISQUALIFIED SHAREHOLDERS CORPORATE UNPROFESSIONAL CONDUCT RULES AND REGULATIONS...39 ARTICLE 7. REVIEW POWERS AND DUTIES OF BOARD; DATE OF REVIEW...40 CHAPTER 14. SOCIAL WORKERS ARTICLE 1. ADMINISTRATION CHAPTER CONSTITUTES CHAPTER ON SOCIAL WORKERS; LIBERAL CONSTRUCTION BOARD OF BEHAVIORAL SCIENCES; NUMBER OF MEMBERS BOARD OF SOCIAL WORK EXAMINERS OR SOCIAL WORKER AND MARRIAGE COUNSELOR QUALIFICATIONS BOARD TO MEAN BOARD OF BEHAVIORAL SCIENCES QUALIFICATIONS OF MEMBERS APPROVED SCHOOL OF SOCIAL WORK TERM OF OFFICE; VACANCIES; APPOINTMENT CHAIRPERSON AND VICE CHAIRPERSON EXECUTIVE OFFICERS; APPOINTMENT; QUALIFICATIONS EXECUTIVE OFFICER; POWERS AND DUTIES COMPENSATION EMPLOYEES RECORD OF PROCEEDINGS; REGISTER OF APPLICANTS AND LICENSEES RESEARCH AND STUDIES DUTY OF ENFORCEMENT OF CHAPTER; POWERS OF BOARD AND EXECUTIVE DIRECTOR RULES AND REGULATIONS SEAL MEMBERS OF BOARD; PER DIEM AND EXPENSES UNPROFESSIONAL CONDUCT PROCEEDINGS; ORDER FOR RECOVERY OF COSTS; ENFORCEMENT; PROOF OF VALIDITY AND TERMS OF PAYMENT; CONDITIONS FOR RENEWAL OR REINSTATEMENT; DEPOSIT OF COSTS PUBLIC PROTECTION...42 ARTICLE 2. APPLICATION OF CHAPTER LICENSE APPLICATION; FEES ELIGIBILITY FOR EXAMINATION; EXAMINATION RECORD RETENTION; SEVEN YEAR LIMITATION ON WRITTEN EXAMINATION UNPROFESSIONAL CONDUCT; EFFECT ON LICENSEE OR REGISTRANT CONDUCT OF PROCEEDINGS TIME AND PLACE OF EXAMINATIONS BLIND PERSON; ACCEPTANCE IN SCHOOLS AS A LICENSEE FALSE STATEMENTS OR IMPERSONATION IN CONNECTION WITH APPLICATION OR EXAMINATION; MISDEMEANOR LICENSEE OR REGISTRANT NAME CHANGE ENFORCEMENT STATUTE OF LIMITATIONS...45 UNCODIFIED LAW RELATING TO SECTION DECISION CONTAINING FINDING THAT LICENSEE OR REGISTRANT ENGAGED IN SEXUAL CONTACT WITH PATIENT OR FORMER PATIENT; ORDER OF REVOCATION MENTAL ILLNESS OR CHEMICAL DEPENDENCY; GROUNDS FOR REFUSAL TO LICENSE OR REGISTER DISCIPLINARY ACTION BY ANOTHER LICENSING BOARD; GROUND FOR APPLICATION DENIAL OR LICENSE 3

7 OR REGISTRATION SUSPENSION OR REVOCATION...46 ARTICLE 3. REVENUE BEHAVIORAL SCIENCES FUND; EXPENDITURES BEHAVIORAL SCIENCES FUND; REDUCTION OF FEES...47 ARTICLE 4. CLINICAL SOCIAL WORKERS NECESSITY OF LICENSE; UNAUTHORIZED REPRESENTATION AS LICENSEE; MISDEMEANOR ISSUANCE OF LICENSE QUALIFICATIONS OF LICENSES APPLICATION AND EXAMINATION FEES; DEPOSIT FEE FOR REEXAMINATION SCOPE, FORM AND CONTENT OF LICENSE RENEWAL AND DELINQUENCY FEES; RESTORATION OF DELINQUENT LICENSE; DUPLICATE REGISTRATION, LICENSE OR CERTIFICATE FEES; CERTIFICATE OR LETTER OF GOOD STANDING FEES DISPLAY OF LICENSE DISPLAY OF CURRENT RENEWAL RECEIPT CLINICAL SOCIAL WORK AND PSYCHOTHERAPY DEFINED APPLICATION OF ARTICLE ONLY TO CLINICAL SOCIAL WORKERS SUSPENSION OR REVOCATION OF LICENSE; GROUNDS; CONDUCT OF PROCEEDINGS VIOLATIONS; PENALTIES OTHER PROFESSIONAL GROUPS; WORK OF PSYCHOSOCIAL NATURE; IMPERMISSIBLE REPRESENTATIONS EMPLOYEES OF CERTAIN ORGANIZATIONS; ACTIVITIES OF PSYCHOSOCIAL NATURE OR USE OF OFFICIAL TITLE OF POSITION PERFORMANCE OF PSYCHOSOCIAL WORK BY PERSONS IN ACADEMIC INSTITUTIONS, GOVERNMENT AGENCIES OR NONPROFIT ORGANIZATIONS; SOCIAL WORK INTERN PERSONS FROM OUT OF STATE; CLINICAL SOCIAL WORK SERVICES IN THIS STATE EXPERIENCE GAINED OUTSIDE CALIFORNIA; USE TOWARDS LICENSING REQUIREMENTS ASSOCIATE CLINICAL SOCIAL WORKER; REGISTRATION; APPLICATION; EXPIRATION AND RENEWAL; EMPLOYMENT; SUPERVISION; CREDIT LICENSED CLINICAL SOCIAL WORKERS' CORPORATION; APPLICATION OF ARTICLE SUPERVISED POST-MASTER'S EXPERIENCE CRITERIA PRIOR TO JANUARY 1, SUPERVISED POST-MASTER'S EXPERIENCE CRITERIA EFFECTIVE JANUARY 1, CONTINUING EDUCATION EFFECTIVE JANUARY 1, SUPERVISED POST-MASTER'S EXPERIENCE CRITERIA EFFECTIVE JANUARY 1, ADDITIONAL COURSEWORK ADDITIONAL CONTINUING EDUCATION REQUIREMENTS ADDITIONAL LICENSE RENEWAL ASSESSMENT FEE INACTIVE LICENSE...60 ARTICLE 5. CLINICAL SOCIAL WORKERS CORPORATIONS DEFINITION; RIGHT TO PRACTICE CLINICAL SOCIAL WORK; BOARD AS GOVERNMENTAL AGENCY UNPROFESSIONAL CONDUCT NAME DIRECTORS, SHAREHOLDERS AND OFFICERS; LICENSE INCOME ATTRIBUTABLE TO SHAREHOLDER WHO IS DISQUALIFIED PERSON CORPORATE UNPROFESSIONAL CONDUCT RULES AND REGULATIONS...61 CALIFORNIA CODE OF REGULATIONS ARTICLE 1. GENERAL PROVISIONS

8 1800. DECLARATORY DECISIONS TENSES, GENDER, AND NUMBER DEFINITIONS DELEGATION OF CERTAIN FUNCTIONS FILING OF ADDRESSES APPLICATIONS PERMIT PROCESSING TIMES ABANDONMENT OF APPLICATION HUMAN SEXUALITY TRAINING HUMAN SEXUALITY TRAINING; RENEWAL AND DOCUMENTATION CHILD ABUSE ASSESSMENT TRAINING REQUIREMENTS SURRENDER OF SUSPENDED OR REVOKED LICENSES RESULTS OF EXAMINATION ALCOHOLISM TRAINING USE OF LICENSE NUMBER IN DIRECTORIES AND ADVERTISEMENTS SUBSTANTIAL RELATIONSHIP CRITERIA CRITERIA FOR REHABILITATION-DENIAL OF LICENSURE CRITERIA FOR REHABILITATION-SUSPENSIONS OR REVOCATIONS ORAL EXAMINATION APPEALS...70 ARTICLE 2. FEES RENEWAL FEES INITIAL LICENSE AND REGISTRATION FEES WRITTEN EXAMINATION AND RE-EXAMINATION FEES EXAMINATION RESCORING FEES EXAMINATION APPLICATION FEES REPLACEMENT AND CERTIFICATION FEES INACTIVE LICENSE FEES DELINQUENT LICENSE FEES PROFESSIONAL CORPORATION FEES LICENSED EDUCATIONAL PSYCHOLOGIST FEES REFUND OF APPLICATION FEE CONTINUING EDUCATION PROVIDER FEES...74 ARTICLE 3. REGISTERED SOCIAL WORKERS DEFINITION OF REGISTERED SOCIAL WORKER ELIGIBILITY FOR EXAMINATION VERIFICATION GRADUATES OF FOREIGN SCHOOLS RESULTS OF EXAMINATION...74 ARTICLE 4. MARRIAGE, FAMILY AND CHILD COUNSELORS EXAMINATIONS EDUCATION REQUIREMENTS OF APPLICATION MINIMUM EDUCATIONAL REQUIREMENTS EQUIVALENT ACCREDITING AGENCIES EXPERIENCE REQUIREMENTS FOR SUPERVISORS SUPERVISION OF EXPERIENCE GAINED OUTSIDE OF CALIFORNIA REEXAMINATION

9 1834. IMPROPER ADVERTISING NOTIFICATION OF DEGREES CRITERIA FOR USE OF HYPNOSIS LICENSURE REQUIRED SUPERVISION OF UNLICENSED COUNSELORS DISPLAY OF LICENSE HUMAN SEXUALITY TRAINING HUMAN SEXUALITY TRAINING REQUIRED FOR LICENSEES RENEWAL DEPENDENT UPON TRAINING DOCUMENTATION UNPROFESSIONAL CONDUCT MARRIAGE, FAMILY AND CHILD COUNSELOR INTERNS NOTIFICATION OF EMPLOYMENT AND TERMINATION OF A REGISTERED MARRIAGE, FAMILY AND CHILD COUNSELOR INTERN SURRENDER OF SUSPENDED OR REVOKED LICENSES...83 ARTICLE 4.5. PROFESSIONAL CORPORATIONS CITATION OF RULES DEFINITIONS AS USED IN THIS ARTICLE PROFESSIONAL RELATIONSHIPS, RESPONSIBILITIES AND CONDUCT NOT AFFECTED OFFICE FOR FILING APPLICATION: REVIEW OF REFUSAL TO APPROVE REQUIREMENTS FOR ISSUANCE OF CERTIFICATE OF REGISTRATION NAME OF CORPORATION SHARES: OWNERSHIP AND TRANSFER CERTIFICATE OF REGISTRATION: CONTINUING VALIDITY: REPORTS...85 ARTICLE 5. LICENSED EDUCATIONAL PSYCHOLOGISTS EQUIVALENT DEGREES EQUIVALENT EXPERIENCE IN PUPIL PERSONNEL SERVICES EXPERIENCE EQUIVALENT TO THREE (3) YEARS FULL-TIME EXPERIENCE AS CREDENTIALED SCHOOL PSYCHOLOGIST EXPERIENCE EQUIVALENT TO ONE YEAR OF SUPERVISED PROFESSIONAL EXPERIENCE UNPROFESSIONAL CONDUCT APPLICATION AND RENEWAL FEES...88 ARTICLE 6. LICENSED CLINICAL SOCIAL WORKERS REQUIREMENTS FOR ASSOCIATE CLINICAL SOCIAL WORKER SUPERVISORS SUPERVISORY PLAN EXPERIENCE DEFINITION OF ACCEPTABLE MENTAL HEALTH PROFESSIONALS PROFESSIONAL SUPERVISION OR CONSULTATION EXAMINATIONS HUMAN SEXUALITY TRAINING HUMAN SEXUALITY TRAINING REQUIRED FOR LICENSEES RENEWAL DEPENDENT UPON TRAINING DOCUMENTATION UNLICENSED ASSISTANTS NOTIFICATION OF EMPLOYMENT AND TERMINATION OF AN APPRENTICE CLINICAL SOCIAL WORKER UNPROFESSIONAL CONDUCT...92 ARTICLE 6.5. LICENSED CLINICAL SOCIAL WORKERS CORPORATIONS

10 ARTICLE 7. CITATIONS AND FINES AUTHORITY TO ISSUE CITATIONS AND FINES CITATIONS FOR UNLICENSED PRACTICE CITATION FORMAT CITATION FACTORS CITABLE OFFENSES EXCEPTIONS COMPLIANCE WITH CITATION/ORDER OF ABATEMENT CONTESTED CITATIONS AND REQUEST FOR A HEARING OR INFORMAL CITATION CONFERENCE DISCONNECTION OF TELEPHONE SERVICE...97 ARTICLE 8. CONTINUING EDUCATION REQUIREMENTS FOR MARRIAGE, FAMILY, AND CHILD COUNSELORS AND LICENSED CLINICAL SOCIAL WORKERS DEFINITIONS LICENSE RENEWAL REQUIREMENTS EXCEPTIONS FROM CONTINUING EDUCATION REQUIREMENTS CONTINUING EDUCATION COURSE REQUIREMENTS CONTINUING EDUCATION COURSE CONTENT HOURS OF CONTINUING EDUCATION CREDIT CONTINUING EDUCATION PROVIDERS BOARD-APPROVED PROVIDERS REVOCATION AND DENIAL OF BOARD-APPROVED PROVIDER STATUS COURSE ADVERTISEMENTS COURSE INSTRUCTOR QUALIFICATIONS RECORDS OF COURSE COMPLETION LICENSEE AND PROVIDER COURSE RECORDS ARTICLE 9. DISCIPLINARY GUIDELINES DISCIPLINARY GUIDELINES ARTICLE 10. GROUP ADVERTISING AND REFERRAL SERVICES FOR MARRIAGE, FAMILY, AND CHILD COUNSELORS DEFINITIONS REGISTRATION REVOCATION OR DENIAL OF REGISTRATION ADVERTISING AND REFERRAL GUIDELINES These other sections of law may also apply: Business and Professions Code Sections 25, 28, 29, 29.5, 30, 31, 32, 118, 119, 123, 123.5, 125, 125.3, 125.6, 141, 149, 166, 475, 476, 477, 478, 480, 481, 482, 484, 485, 486, 487, 490, 490.5, 491, 492, 493, 494, 495, 496, 498, 499, 650, 650.4, 651, 652, 700, 701, 702, 703, 704, 726, 728, 729, 810, 820, 821, 822, 823, 17500, , , 17535, , and

11 BUSINESS AND PROFESSIONS CODE OF CALIFORNIA CHAPTER 13. MARRIAGE AND FAMILY THERAPISTS ARTICLE 1. REGULATION NECESSITY OF LICENSE (a) Many California families and many individual Californians are experiencing difficulty and distress, and are in need of wise, competent, caring, compassionate, and effective counseling in order to enable them to improve and maintain healthy family relationships. Healthy individuals and healthy families and healthy relationships are inherently beneficial and crucial to a healthy society, and are our most precious and valuable natural resource. Marriage and family therapists provide a crucial support for the well-being of the people and the State of California. (b) No person may engage in the practice of marriage and family therapy as defined by Section , unless he or she holds a valid license as a marriage and family therapist, or unless he or she is specifically exempted from that requirement, nor may any person advertise himself or herself as performing the services of a marriage, family, child, domestic, or marital consultant, or in any way use these or any similar titles, including the letters M.F.T. or M.F.C.C., or other name, word initial, or symbol in connection with or following his or her name to imply that he or she performs these services without a license as provided by this chapter. Persons licensed under Article 4 (commencing with Section 4996) of Chapter 14 of Division 2, or under Chapter 6.6 (commencing with Section 2900) may engage in such practice or advertise that they practice marriage and family therapy but may not advertise that they hold the marriage and family therapist s license. Leg.H. (Added by Stats. 1986, ch. 1365, sec. 4.; Amended by Stats. 2000, ch. 836, Sec. 28; Amended by Stats. 2002, ch. 1013, Sec. 13..) CONSTRUCTION WITH OTHER LAWS; NONAPPLICATION TO CERTAIN PROFESSIONALS AND EMPLOYEES (a) Nothing in this chapter shall be construed to constrict, limit, or withdraw the Medical Practice Act, the Social Work Licensing Law, the Nursing Practice Act, or the Psychology Licensing Act. (b) This chapter shall not apply to any priest, rabbi, or minister of the gospel of any religious denomination when performing counseling services as part of his or her pastoral or professional duties, or to any person who is admitted to practice law in the state, or who is licensed to practice medicine, when providing counseling services as part of his or her professional practice. (c) This chapter shall not apply to an employee of a governmental entity or of a school, college, or university, or of an institution both nonprofit and charitable if his or her practice is performed solely under the supervision of the entity, school, or organization by which he or she is employed, and if he or she performs those functions as part of the position for which he or she is employed. (d) A marriage and family therapist licensed under this chapter is a licentiate for purposes of paragraph (2) of subdivision (a) of Section 805, and thus is a health care practitioner subject to the provisions of Section pursuant to subdivision (b) of that section. (e) Notwithstanding subdivisions (b) and (c) all persons registered as interns or licensed under this chapter shall not be exempt from this chapter or the jurisdiction of the board. Leg.H. (Added by Stats. 1986, ch. 1365, sec. 4; Amended by Stats. 1993, ch. 1054, sec. 1; Amended by Stats. 2003, ch. 20, sec. 4) PRACTICE OF MARRIAGE, FAMILY AND CHILD COUNSELING; APPLICATION OF 8

12 PRINCIPLES AND METHODS For the purposes of this chapter, the practice of marriage and family therapy shall mean that service performed with individuals, couples, or groups wherein interpersonal relationships are examined for the purpose of achieving more adequate, satisfying, and productive marriage and family adjustments. This practice includes relationship and premarriage counseling. The application of marriage and family therapy principles and methods includes, but is not limited to, the use of applied psychotherapeutic techniques, to enable individuals to mature and grow within marriage and the family, and the provision of explanations and interpretations of the psychosexual and psychosocial aspects of relationships. Leg.H. (Added by Stats. 1986, ch. 1365, sec. 4; Amended by Stats. 1990, ch. 1086, sec. 1; Amended by Stats. 2002, ch. 1013, Sec 14.) BOARD; INTERN; TRAINEE; ADVERTISE (a) "Board," as used in this chapter, means the Board of Behavioral Sciences. (b) "Intern," as used in this chapter, means an unlicensed person who has earned his or her master's or doctor's degree qualifying him or her for licensure and is registered with the board. (c) "Trainee," as used in this chapter, means an unlicensed person who is currently enrolled in a master's or doctor's degree program, as specified in Section , that is designed to qualify him or her for licensure under this chapter, and who has completed no less than 12 semester units or 18 quarter units of coursework in any qualifying degree program. (d) Applicant as used in this chapter, means an unlicensed person who has completed a masters or doctoral degree program, as specified in Section , and whose application for registration as an intern is pending, or an unlicensed person who has completed the requirements for licensure as specified in this chapter, is no longer registered with the board as an intern, and is currently in the examination process. (e) "Advertise," as used in this chapter, includes, but is not limited to, the issuance of any card, sign, or device to any person, or the causing, permitting, or allowing of any sign or marking on, or in, any building or structure, or in any newspaper or magazine or in any directory, or any printed matter whatsoever, with or without any limiting qualification. It also includes business solicitations communicated by radio or television broadcasting. Signs within church buildings or notices in church bulletins mailed to a congregation shall not be construed as advertising within the meaning of this chapter. Leg.H. (Repealed and added by Stats. 1986, ch. 1365, sec. 4; Amended by Stats. 1993, ch. 1054, sec. 2; Stats. 1996, ch. 829, sec. 85; Stats. 2000, ch. 836, Sec. 29) ADMINISTRATION OF CHAPTER The board shall administer the provisions of this chapter. Leg.H. (Repealed and added by Stats. 1986, ch. 1365, sec. 4.) LICENSE TITLE NAME CHANGE (a) The title licensed marriage, family and child counselor or marriage, family and child counselor is hereby renamed licensed marriage and family therapist or marriage and family therapist, respectively. Any reference in any statute or regulation to a licensed marriage, family and child counselor or marriage, family and child counselor shall be deemed a reference to a licensed marriage and family therapist or marriage and family therapist. (b) Nothing in this section shall be construed to expand or constrict the scope of practice of a person licensed pursuant to this chapter. (c) This section shall become operative July 1,

13 Leg.H. (Added by Stats. 1998, ch. 108, sec 1.) ENGAGING IN PRACTICE A person engages in the practice of marriage and family therapy who performs or offers to perform or holds himself or herself out as able to perform such a service for remuneration in any form, including donations. Leg.H. (Added by Stats. 1986, ch. 1365, Sec. 4; Amended by Stats. 2002, ch. 1013, Sec. 15.) APPLICATION FOR LICENSE; PAYMENT OF FEE Except as otherwise provided herein, a person desiring to practice and to advertise the performance of marriage and family therapy services shall apply to the board for a license and shall pay the license fee required by this chapter. Leg.H. (Added by Stats. 1986, ch. 1365, sec. 4; Amended by Stats. 2002, ch. 1013, Sec. 16.) DISPLAY OF LICENSE A licensee shall display his or her license in a conspicuous place in the licensee s primary place of practice. Leg.H. (Added by Stats. 1998, ch. 879, sec 4.) LEGISLATIVE INTENT It is the intent of the Legislature that the board employ its resources for each and all of the following functions: (a) The licensing of marriage and family therapists, clinical social workers, and educational psychologists. (b) The development and administration of licensing examinations and examination procedures, as specified, consistent with prevailing standards for the validation and use of licensing and certification tests. Examinations shall measure knowledge and abilities demonstrably important to the safe, effective practice of the profession. (c) Enforcement of laws designed to protect the public from incompetent, unethical, or unprofessional practitioners. (d) Consumer education. Leg.H. (Added by Stats. 1986, ch. 1365, sec. 4. Amended by Stats. 1998, ch. 589, sec 10; Amended by Stats. 2002, ch. 1013, Sec. 17; Amended by Stats. 2003, ch. 874, sec. 6) OBLIGATION TO PROVIDE COMPLETE AND ACCURATE APPLICATION; DUTIES OF BOARD (a) The Legislature acknowledges that the basic obligation to provide a complete and accurate application for a marriage and family therapist license lies with the applicant. At the same time, the Legislature recognizes that an effort should be made by the board to ensure that persons who enter degree programs and supervisorial training settings that meet the requirements of this chapter are enabled to discern the requirements for licensing and to take the examination when they have completed their educational and experience requirements. (b) In order that the board, the educational institutions, and the supervisors who monitor the education and experience of applicants for licensure may develop greater cooperation, the board shall do all of the following: (1) Apply a portion of its limited resources specifically to the task of communicating information about its activities, the requirements and qualifications for licensure, and the practice of marriage and family therapy to the relevant educational institutions, supervisors, professional associations, applicants, trainees, interns, and the consuming public. 10

14 (2) Develop policies and procedures to assist educational institutions in meeting the curricula requirements of Section and any regulations adopted pursuant to that section, so that those educational institutions may better provide assurance to their students that the curriculum offered to fulfill the educational requirements for licensure will meet those requirements at the time of the student's application for licensure. (3) Notify applicants in the application procedure when applications are incomplete, inaccurate, or deficient, and inform applicants of any remediation, reconsideration, or appeal procedures that may be applicable. (4) Undertake, or cause to be undertaken, further comprehensive review, in consultation with educational institutions, professional associations, supervisors, interns, and trainees, of the supervision of interns and trainees, which shall include, but not be limited to, the following, and shall propose regulations regarding the supervision of interns and trainees which may include, but not be limited to, the following: (A) Supervisor qualifications. (B) Continuing education requirements of supervisors. (C) Registration or licensing of supervisors, or both. (D) Responsibilities of supervisors in general. (E) The board's authority in cases of noncompliance or negligence by supervisors. (F) The intern's and trainee's need for guidance in selecting well-balanced and high quality professional training opportunities within his or her community. (G) The role of the supervisor in advising and encouraging his or her intern or trainee regarding the necessity or value and appropriateness of the intern or trainee engaging in personal psychotherapy, so as to enable the intern or trainee to become a more competent marriage, family, and child counselor. Leg.H. (Added by Stats. 1986, ch. 1365, sec. 4; Stats. 1993, ch. 1054; Amended by Stats. 2002, ch. 1013, Sec. 18.) DEGREE PROGRAM; COURSE OF STUDY AND PROFESSIONAL TRAINING (a) In order to provide an integrated course of study and appropriate professional training, while allowing for innovation and individuality in the education of marriage and family therapists, a degree program which meets the educational qualifications for licensure shall include all of the following: (1) Provide an integrated course of study that trains students generally in the diagnosis, assessment, prognosis, and treatment of mental disorders. (2) Prepare students to be familiar with the broad range of matters that may arise within marriage and family relationships. (3) Train students specifically in the application of marriage and family relationship counseling principles and methods. (4) Encourage students to develop those personal qualities that are intimately related to the counseling situation such as integrity, sensitivity, flexibility, insight, compassion, and personal presence. (5) Teach students a variety of effective psychotherapeutic techniques and modalities that may be utilized to improve, restore, or maintain healthy individual, couple, and family relationships. (6) Permit an emphasis or specialization that may address any one or more of the unique and complex array of human problems, symptoms, and needs of Californians served by marriage and family therapists. (7) Prepare students to be familiar with cross-cultural mores and values, including a familiarity with the wide range of 11

15 racial and ethnic backgrounds common among California's population, including, but not limited to, Blacks, Hispanics, Asians, and Native Americ ans. (b) Educational institutions are encouraged to design the practica required by subdivision (b) of Section to include marriage and family therapy experience in low-income and multicultural mental health settings. Leg.H. (Added by Stats. 1986, ch. 1365, sec. 4; Stats. 1993, ch. 1054; Amended by Stats. 2002, ch. 1013, Sec. 19.) NOTIFICATION TO STUDENTS OF DESIGN OF DEGREE PROGRAM; CERTIFICATION OF FULFILLMENT OF REQUIREMENTS (a) Each educational institution preparing applicants to qualify for licensure shall notify each of its students by means of its public documents or otherwise in writing that its degree program is designed to meet the requirements of Sections and , and shall certify to the board that it has so notified its students. (b) In addition to all the other requirements for licensure, each applicant shall submit to the board a certification by the chief academic officer, or his or her designee, of the applicant's educational institution that the applicant has fulfilled the requirements enumerated in Sections and , and subdivisions (d) and (e) of Section (c) An applicant for an intern registration who has completed a program to update his or her degree in accordance with subdivision (i) of Section shall furnish to the board certification by the chief academic officer of a school, college, or university accredited by the Western Association of Schools and Colleges, or from a school, college, or university meeting accreditation standards comparable to those of the Western Association of Schools and Colleges, that the applicant has successfully completed all academic work necessary to comply with the current educational requirements for licensure as a marriage and family therapist. Leg.H. (Amended by Stats. 1987, ch. 738, sec. 1; Stats. 1993, ch. 1054; Stats. 2001, ch. 435, sec. 13; Amended by Stats. 2002, ch. 1013, Sec. 20.) ADDITIONAL COURSEWORK (a) Any applicant for licensure as a marriage and family therapist who began graduate study on or after January 1, 2004, shall complete, as a condition of licensure, a minimum of 10 contact hours of coursework in aging and long-term care, which could include, but is not limited to, the biological, social, and psychological aspects of aging. (b) Coursework taken in fulfillment of other educational requirements for licensure pursuant to this chapter, or in a separate course of study, may, at the discretion of the board, fulfill the requirements of this section. (c) In order to satisfy the coursework requirement of this section, the applicant shall submit to the board a certification from the chief academic officer of the educational institution from which the applicant graduated stating that the coursework required by this section is included within the institution's required curriculum for graduation, or within the coursework, that was completed by the applicant. (d) The board shall not issue a license to the applicant until the applicant has met the requirements of this section. (Added by Stats. 2002, ch. 541, Sec. 6.) QUALIFICATIONS 12

16 To qualify for a license, an applicant shall have all the following qualifications: (a) Applicants applying for licensure on or after January 1, 1988, shall possess a doctor's or master's degree in marriage, family, and child counseling, marital and family therapy, psychology, clinical psychology, counseling psychology, or counseling with an emphasis in either marriage, family, and child counseling or marriage and family therapy, obtained from a school, college, or university accredited by the Western Association of Schools and Colleges, or approved by the Bureau for Private Postsecondary and Vocational Education. The board has the authority to make the final determination as to whether a degree meets all requirements, including, but not limited to, course requirements regardless of accreditation or approval. For purposes of this chapter, the term "approved by the Bureau for Private Postsecondary and Vocational Education" shall mean unconditional approval existing at the time of the applicant's graduation from the school, college, or university. In order to qualify for licensure pursuant to this subdivision, any doctor's or master's degree program shall be a single, integrated program primarily designed to train marriage and family therapists and shall contain no less than 48 semester or 72 quarter units of instruction. The instruction shall include no less than 12 semester units or 18 quarter units of coursework in the areas of marriage, family, and child counseling, and marital and family systems approaches to treatment. The coursework shall include all of the following areas: (1) The salient theories of a variety of psychotherapeutic orientations directly related to marriage and family therapy, and marital and family systems approaches to treatment. (2) Theories of marriage and family therapy and how they can be utilized in order to intervene therapeutically with couples, families, adults, children, and groups. (3) Developmental issues and life events from infancy to old age and their effect upon individuals, couples, and family relationships. This may include coursework that focuses on specific family life events and the psychological, psychotherapeutic, and health implications that arise within couples and families, including, but not limited to, childbirth, child rearing, childhood, adolescence, adulthood, marriage, divorce, blended families, stepparenting, and geropsychology. (4) A variety of approaches to the treatment of children. The board shall, by regulation, set forth the subjects of instruction required in this subdivision. (b) (1) In addition to the 12 semester or 18 quarter units of coursework specified above, the doctor's or master's degree program shall contain not less than six semester or nine quarter units of supervised practicum in applied psychotherapeutic techniques, assessment, diagnosis, prognosis, and treatment of premarital, couple, family, and child relationships, including dysfunctions, healthy functioning, health promotion, and illness prevention, in a supervised clinical placement that provides supervised fieldwork experience within the scope of practice of a marriage and family therapist. (2) For applicants who enrolled in a degree program on or after January 1, 1995, the practicum shall include a minimum of 150 hours of face-to-face experience counseling individuals, couples, families, or groups. (3) (A) Supervised practicum hours, as specified in this subdivision, shall be evaluated, accepted, and credited as hours for trainee experience by the board. (B) The practicum hours shall be considered as part of the 48 semester or 72 quarter unit requirement. (c) As an alternative to meeting the qualifications specified in subdivision (a), the board shall accept as equivalent degrees, those master's or doctor's degrees granted by educational institutions whose degree program is approved by the Commission on Accreditation for Marriage and Family Therapy Education. (d) All applicants shall, in addition, complete the coursework or training specified in Section (e) All applicants shall be at least 18 years of age. 13

17 (f) All applicants shall have at least two years' experience that meets the requirements of this chapter in interpersonal relationships, marriage and family therapy and psychotherapy under the supervision of a licensed marriage and family therapist, licensed clinical social worker, licensed psychologist, or a licensed physician certified in psychiatry by the American Board of Psychiatry and Neurology. Experience shall not be gained under the supervision of an individual who has provided therapeutic services to that applicant. For those supervisorial relationships in effect on or before December 31, 1988, and which remain in continuous effect thereafter, experience may be gained under the supervision of a licensed physician who has completed a residency in psychiatry. Any person supervising another person pursuant to this subdivision shall have been licensed or certified for at least two years prior to acting as a supervisor, shall have a current and valid license that is not under suspension or probation, and shall meet the requirements established by regulations. (g) The applicant shall pass a board administered written or oral examination or both examinations. An applicant who has successfully passed a previously administered written examination may be subsequently required to take and pass another written examination. (h) The applicant shall not have committed acts or crimes constituting grounds for denial of licensure under Section 480. The board shall not issue a registration or license to any person who has been convicted of any crime in this or another state or in a territory of the United States that involves sexual abuse of children or who is required to register pursuant to Section 290 of the Penal Code or the equivalent in another state or territory. (i) (1) An applicant applying for intern registration who, prior to December 31, 1987, met the qualifications for registration, but who failed to apply or qualify for intern registration may be granted an intern registration if the applicant meets all of the following criteria: (A) The applicant possesses a doctor's or master's degree in marriage, family, and child counseling, marital and family therapy, psychology, clinical psychology, counseling psychology, counseling with an emphasis in marriage, family, and child counseling, or social work with an emphasis in clinical social work obtained from a school, college, or university currently conferring that degree that, at the time the degree was conferred, was accredited by the Western Association of Schools and Colleges, and where the degree conferred was, at the time it was conferred, specifically intended to satisfy the educational requirements for licensure by the Board of Behavioral Sciences. (B) The applicant's degree and the course content of the instruction underlying that degree have been evaluated by the chief academic officer of a school, college, or university accredited by the Western Association of Schools and Colleges to determine the extent to which the applicant's degree program satisfies the current educational requirements for licensure, and the chief academic officer certifies to the board the amount and type of instruction needed to meet the current requirements. (C) The applicant completes a plan of instruction that has been approved by the board at a school, college, or university accredited by the Western Association of Schools and Colleges that the chief academic officer of the educational institution has, pursuant to subparagraph (B), certified will meet the current educational requirements when considered in conjunction with the original degree. (2) A person applying under this subdivision shall be considered a trainee, as that term is defined in Section , once he or she is enrolled to complete the additional coursework necessary to meet the current educational requirements for licensure. (j) An applicant for licensure trained in an educational institution outside the United States shall demonstrate to the satisfaction of the board that he or she possesses a qualifying degree that is equivalent to a degree earned from a school, college, or university accredited by the Western Association of Schools and Colleges, or approved by the Bureau of Private Postsecondary and Vocational Education. These applicants shall provide the board with a comprehensive evaluation of the degree performed by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES), and shall provide any other documentation the board deems necessary. Leg.H. (Added by Stats. 1995, ch. 758, sec. 6.5; Amended by Stats ch. 829, sec 86; Stats. 1998, ch. 879, sec 4.5.; Stats. 2001, ch. 728, sec. 36; Stats. 2002, ch. 1013, Sec. 21; Amended by Stats. 2003, ch. 874, sec. 7) 14

18 ELIGIBILITY TO SIT FOR LICENSING EXAMINATIONS; COURSEWORK OR TRAINING All applicants for licensure shall complete the following coursework or training in order to be eligible to sit for the licensing examinations as specified in subdivision (g) of Section : (a) A two semester or three quarter unit course in California law and professional ethics for marriage and family therapists, which shall include, but not be limited to, the following areas of study: (1) Contemporary professional ethics and statutory, regulatory, and decisional laws that delineate the profession's scope of practice. (2) The therapeutic, clinical, and practical considerations involved in the legal and ethical practice of marriage and family therapy, including family law. (3) The current legal patterns and trends in the mental health profession. (4) The psychotherapist/patient privilege, confidentiality, the patient dangerous to self or others, and the treatment of minors with and without parental consent. (5) A recognition and exploration of the relationship between a practitioner's sense of self and human values and his or her professional behavior and ethics. This course may be considered as part of the 48 semester or 72 quarter unit requirements contained in Section (b) A minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 28 and any regulations promulgated thereunder. (c) A minimum of 10 contact hours of training or coursework in human sexuality as specified in Section 25, and any regulations promulgated thereunder. When coursework in a master's or doctor's degree program is acquired to satisfy this requirement, it shall be considered as part of the 48 semester or 72 quarter unit requirement contained in Section (d) For persons who began graduate study on or after January 1, 1986, a master's or doctor's degree qualifying for licensure shall include specific instruction in alcoholism and other chemical substance dependency as specified by regulation. When coursework in a master's or doctor's degree program is acquired to satisfy this requirement, it shall be considered as part of the 48 semester or 72 quarter unit requirement contained in Section (e) For persons who began graduate study during the period commencing on January 1, 1995, and ending on December 31, 2003, a master's or doctor's degree qualifying for licensure shall include coursework in spousal or partner abuse assessment, detection, and intervention. For persons who began graduate study on or after January 1, 2004, a master's or doctor's degree qualifying for licensure shall include a minimum of 15 contact hours of coursework in spousal or partner abuse assessment, detection, and intervention strategies, including knowledge of community resources, cultural factors, and same gender abuse dynamics. Coursework required under this subdivision may be satisfactory if taken either in fulfillment of other educational requirements for licensure or in a separate course. The requirement for coursework shall be satisfied by, and the board shall accept in satisfaction of the requirement, a certification from the chief academic officer of the educational institution from which the applicant graduated that the required coursework is included within the institution's required curriculum for graduation. (f) For persons who began graduate study on or after January 1, 2001, an applicant shall complete a minimum of a two semester or three quarter unit survey course in psychological testing. When coursework in a master's or doctor's degree program is acquired to satisfy this requirement, it may be considered as part of the 48 semester or 72 quarter unit requirement of Section (g) For persons who began graduate study on or after January 1, 2001, an applicant shall complete a minimum of a two semester or three quarter unit survey course in psychopharmacology. When coursework in a master's or doctor's degree program is acquired to satisfy this requirement, it may be considered as part of the 48 semester or 72 quarter unit 15

19 requirement of Section (h) The requirements added by subdivisions (f) and (g) are intended to improve the educational qualifications for licensure in order to better prepare future licentiates for practice, and are not intended in any way to expand or restrict the scope of licensure for marriage and family therapists. Leg.H. (Added by Stats. 1986, ch. 1365, sec. 4; Amended by Stats. 1987, ch. 738, sec. 3; Stats 1993, ch. 1234, sec. 9; Stats. 1999, ch. 406, sec.1; Stats. 2001, ch. 435, sec. 14; Stats. 2002, ch. 481, sec. 4; Stats. 2003, ch. 874, sec. 8) TRAINEES' SERVICES (a) Trainees performing services in any work setting specified in subdivision (e) of Section may perform those activities and services as a trainee, provided that the activities and services constitute part of the trainee's supervised course of study and that the person is designated by the title ''trainee.'' Trainees may gain hours of experience outside the required practicum. Those hours shall be subject to the requirements of subdivision (b) and to the other requirements of this chapter. (b) On and after January 1, 1995, all hours of experience gained as a trainee shall be coordinated between the school and the site where the hours are being accrued. The school shall approve each site and shall have a written agreement with each site that details each party's responsibilities, including the methods by which supervision shall be provided. The agreement shall provide for regular progress reports and evaluations of the student's performance at the site. If an applicant has gained hours of experience while enrolled in an institution other than the one that confers the qualifying degree, it shall be the applicant's responsibility to provide to the board satisfactory evidence that those hours of trainee experience were gained in compliance with this section. Leg.H. (Added by Stats. 1993, ch. 1054, sec. 8.) PROFESSIONAL EXPERIENCE; INTERNS OR TRAINEES (a) For all applicants, a minimum of two calendar years of supervised experience is required, which experience shall consist of 3,000 hours obtained over a period of not less than 104 weeks. Not less than 1,500 hours of experience shall be gained subsequent to the granting of the qualifying master's or doctor's degree. For those applicants who enroll in a qualifying degree program on or after January 1, 1995, not more than 750 hours of counseling and direct supervisor contact may be obtained prior to the granting of the qualifying master's or doctor's degree. However, this limitation shall not be interpreted to include professional enrichment activities. Except for personal psychotherapy hours gained after enrollment and commencement of classes in a qualifying degree program, no hours of experience may be gained prior to becoming a trainee. All experience shall be gained within the six years immediately preceding the date the application for licensure was filed, except that up to 500 hours of clinical experience gained in the supervised practicum required by subdivision (b) of Section shall be exempt from this six-year requirement. (b) All applicants, trainees, and registrants shall be at all times under the supervision of a supervisor who shall be responsible for ensuring that the extent, kind, and quality of counseling performed is consistent with the training and experience of the person being supervised, and who shall be responsible to the board for compliance with all laws, rules, and regulations governing the practice of marriage and family therapy. Experience shall be gained by interns and trainees either as an employee or as a volunteer in any allowable work setting specified in this chapter. The requirements of this chapter regarding gaining hours of experience and supervision are applicable equally to employees and volunteers. Experience shall not be gained by interns or trainees as an independent contractor. (c) Supervision shall include at least one hour of direct supervisor contact for each week of experience claimed. A trainee shall receive an average of at least one hour of direct supervisor contact for every five hours of client contact in each setting. A person gaining postdegree experience shall receive an average of at least one hour of direct supervisor contact for every 10 hours of client contact in each setting in which experience is gained. For purposes of this section, "one hour of direct supervisor contact" means one hour of face-to-face contact on an individual basis or two hours of faceto-face contact in a group of not more than eight persons. The contact may be counted toward the experience requirement for licensure, up to the maximum permitted by subdivision (d). All experience gained by a trainee shall be 16

20 monitored by the supervisor as specified by regulation. The 5-to-1 and 10-to-1 ratios specified in this subdivision shall be applicable to all hours gained on or after January 1, (d) (1) The experience required by Section shall include supervised marriage and family therapy, and up to onethird of the hours may include direct supervisor contact and other professional enrichment activities. (2) "Professional enrichment activities," for the purposes of this section, may include group, marital or conjoint, family, or individual psychotherapy received by an applicant. This psychotherapy may include up to 100 hours taken subsequent to enrolling and commencing classes in a qualifying degree program, or as an intern, and each of those hours shall be triple counted toward the professional experience requirement. This psychotherapy shall be performed by a licensed marriage and family therapist, licensed clinical social worker, licensed psychologist, licensed physician certified in psychiatry by the American Board of Psychiatry and Neurology, or a licensed physician who has completed a residency in psychiatry. (e) (1) A trainee may gain the experience required by subdivision (f) of Section in any setting that meets all of the following: (A) Lawfully and regularly provides mental health counseling or psychotherapy. (B) Provides oversight to ensure that the trainee's work at the setting meets the experience and supervision requirements set forth in this chapter and is within the scope of practice for the profession as defined in Section (C) Is not a private practice owned by a licensed marriage and family therapist, a licensed psychologist, a licensed clinical social worker, a licensed physician and surgeon, or a professional corporation of any of those licensed professions. (2) Experience may be gained by the trainee solely as part of the position for which the trainee volunteers or is employed. (f) (1) An intern may gain the experience required by subdivision (f) of Section in any setting that meets both of the following: (A) Lawfully and regularly provides mental health counseling or psychotherapy. (B) Provides oversight to ensure that the intern's work at the setting meets the experience and supervision requirements set forth in this chapter and is within the scope of practice for the profession as defined in Section (2) An applicant shall not be employed or volunteer in a private practice, as defined in subparagraph (C) of paragraph (1) of subdivision (e), until registered as an intern. (3) While an intern may be either a paid employee or a volunteer, employers are encouraged to provide fair remuneration to interns. (4) An intern who is employed or volunteering in private practice shall be under the direct supervision of a licensee enumerated in subdivision (f) of Section who shall be employed by and practice at the same site as the intern's employer. (5) Experience may be gained by the intern solely as part of the position for which the intern volunteers or is employed. (g) All persons shall register with the board as an intern in order to be credited for postdegree hours of experience gained toward licensure, regardless of the setting where those hours are to be gained. Except as provided in subdivision (h), all postdegree hours shall be gained as a registered intern. (h) Except when employed in a private practice setting, all postdegree hours of experience shall be credited toward licensure so long as the applicant applies for the intern registration within 90 days of the granting of the qualifying master's or doctor's degree and is thereafter granted the intern registration by the board. (i) Trainees, interns, and applicants shall not receive any remuneration from patients or clients, and shall only be paid by 17